San Diego County Health & Human Services Agency v. Mary H.

Mary H. and Simon G. (together, parents) appeal an order under Welfare and Institutions Code section 387 1 removing their daughter, H.G., from the home of her paternal grandparents (Grandparents). They also appeal a judgment terminating their parental rights to H.G. under section 366.26. We hold the court erred when it sustained the San Diego County Health and Human Services Agency’s (Agency) supplemental petition under section 387 without considering whether the child’s placement was no longer appropriate in view of the criteria in section 361.3. We reverse the order under section 387 and necessarily reverse the judgment terminating parental rights, rendering moot Mary’s and Simon’s challenges to the court’s findings under section 366.26.

FACTUAL AND PROCEDURAL BACKGROUND

On March 12, 2004, Simon was walking with H.G., then age three. H.G. was underdressed for the weather and appeared to be extremely cold. She was crying. Simon had been drinking. A concerned citizen called the police. Simon told the officer that he and H.G. were homeless and they had been sleeping on the street. H.G.’s mother was transient and Simon did not know where she was. H.G. had not eaten…